NSW Caselaw
Reported Decision : 9 DCLR (NSW) 225
New South Wales District Court
CITATION: Jolly, Sean Graham v R [2009] NSWDC 212
JUDGMENT DATE: 3 July 2009
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: Set aside the convictions for affray, hindering police and assaulting police. Dismiss the appeals insofar as they relate to using offensive language, resisting an officer in the execution of duty and assaulting an officer in the execution of duty. In respect of the matters where the appeals have been dismissed confirm the orders and penalties made by the magistrate.
CATCHWORDS: CRIMINAL LAW - conviction appeals - affray - offensive language - hindering officer in course of duty - resisting officer in course of duty - assaulting officer in course of duty - identification evidence - offender bitten by police dog - intoxication - purpose of offensive language offence - review of authorities on offensive language - meaning of in "execution of duty"
Summary Offences Act 1988 s 4A(2) LEGISLATION CITED: Crimes Act 1900 s 546C s 58 s 93C(1) Crimes (Appeal and Review) Act 2001 s 20
Director of Public Prosecutions v Gribble (2004) 151 A Crim R 256 Police v Butler [2003] NSWLC 2 R v Connolly and Willis [1984] 1 NSWLR 373 CASES CITED: Re K (1993) 46 FCR 336 R v Smith [1974] 2 NSWLR 568 R v Stutsel and Reid (1990) 20 NSWLR 661 R v Worcester and Smith [1951] VLR 317 The Queen v Reynhoudt (1962) 107 CLR 381
PARTIES: Sean Graham Jolly R
FILE NUMBER(S): 2008/12/1937
COUNSEL: Mr Martin (appellant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate